The difference between parricide and infanticide
Dear PAO, I have read before that when a parent kills their child, the crime is par- ricide. But a friend recently told me that his neighbor, who is being accused of killing his child, was charged with infanticide. Are those two crimes different or are they just the same?
Doy
Dear Doy,
The crime of parricide is separate and distinct from the crime of infanticide, although both crimes are punishable under the Revised Penal Code:
“Article 246. Parricide. — Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death. xxx
“Article 255. Infanticide. — The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age.
“If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prision correccional in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be prision mayor.”
As can be gleaned in the foregoing provisions, what is primordially considered in parricide is the relationship between the assailant and the victim. On the other hand, what is primordially considered in infanticide is the age of the victim, that is, the child must be less than three days of age, regardless of who the assailant is; so, the assailant may or may not be related to the victim.
While one of the ways of committing parricide is when a parent kills his own child, the crime is then considered as infanticide if said parent kills his own child who is less than three days old. If your friend’s neighbor killed his child and the age of said child is less than three days, then he is correctly charged for the crime of infanticide. If his child is more than three days of age, then he should be charged with parricide.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.